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A defendant shall be punished by imprisonment for three years.
The defendant shall pay 243,934,110 won to the applicant for compensation by deceit.
3.2
Reasons
Punishment of the crime
[2015 Highest 179] On March 21, 2013, the Defendant was sentenced to five months of imprisonment for larceny in the Daejeon District Court’s astronomical Branch, and completed the execution of the sentence on July 14, 2013.
1. On October 2014, the Defendant, at the early stage of Mapo-gu Seoul, was aware of the Victim D’s fraud, in combination with the Victim D and drinking together. The Defendant introduced himself as a film supervisor even though he is not a film supervisor, even if he is not a film supervisor.
The Defendant, at the time, was aware that the amount to be paid monthly by 200 million won was about KRW 70 million to KRW 8 million, but the Defendant was instructed to urge repayment due to the absence of any particular property, and the Defendant was aware that he had a hosium, and he was aware that he had a hosium to use money for the use of money for film production.
On October 6, 2014, the Defendant sent a message to the victim via the mobile phone Kakakao Kakao Ma, stating that “On the part of 2 million won in cash, the Defendant left the taxi. If there is money, the Defendant borrowed the message. I would like to find it as the bank door. I would like to send the message to the photographing account. I would like to say that the Defendant lost money necessary for the photographing of the film.”
However, the defendant was not a film supervisor, there was no loss of money, and there was no intention or ability to pay the money even if he borrowed money from the victim.
The Defendant, from around that time to November 24, 2014, remitted KRW 47,322,812 under the name of lending money necessary for film photographing over 31 occasions from around 201 to around 2014, as stated in attached Table 1-2 to 32 of the List of Offenses Act, as well as remittance of KRW 2 million from the victim to the Defendant’s account under the name of the victim. The Defendant, as described in attached Table 1-1, is the victim from October 9, 2014 to October 23, 2014.